My Life Fighting Judicial Corruption and the Political Subversion of Freedom; keeping in mind Winston Churchill's words: ""All the great things are simple, and many can be expressed in a single word: freedom, justice, honor, duty, mercy, hope"

Tag Archives: John W. Davis

The Greek People today voted against Central Government and Central Economic Planning by a factor of roughly 2-to-1 (in many hard-hit urban areas 3-to-1). Greece has perhaps turned the tide of the expanding power of the European Community, and we should follow suit here. The Greek people know that a central government based in Brussels, exactly on the opposite Northwest Corner of Europe from Greece in the far Southeast, cannot possibly be expected to act in the interests of a minority people with comparatively little wealth and political “pull” compared with France, Germany, or even Italy.

The people of the South derived their concept of Democracy, much of their philosophy, and their iconic style of architecture from the Ancient Greek Civilization of Demosthenes, Aristotle, Plato, and Saint Paul the Apostle, not to mention their battle flag from Saint Andrew Protokletos, the First Called Apostle, who died, crucified on an X-shaped cross, in Patras on the Northwest Peloponnesos.

Every Southern Constitutional Democrat from Thomas Jefferson through Andrew Jackson to Jefferson Davis through John W. Davis (a West-Virginia Born lawyer, successor to Samuel Tilden in New York Law and predecessor to Robert Byrd who as Democratic Presidential nominee carried the 11 Southern States in the election of 1924, ending his career heroically defending the honor and integrity of the South in Brown v. Board of Education thirty years later) up to Sam Ervin, Price Daniel, Walter F. George, and Strom Thurmond was acutely aware of the Greek Heritage of Southern Democratic-Republican traditions.

The people and politicians of the South should follow the developments in Greece closely—and take note that the only major party which unequivocally advocated a “no” vote was the Golden Dawn…. the most traditionally conservative of all of Greece’s political movements…

The background to Executive Order 13603 apparently stretches back a full 60 years to President Harry S. Truman’s attempt to take over the U.S. Steel Industry—back then Presidents were not allowed to seize private property without due process of law, and there was no Secretary of Homeland Security at all….

Well, Jerry Hodge of Claremont, California set me right and I have to temper what I wrote earlier: many of the executive orders which seem most oppressive are actually almost as old as I am, which is to say a suitable subject for archaeological research…. Turns out that the list of Legislative Decrees promulgated as Executive Orders that I published just a few hours ago does not belong exclusively to OBAMA at all, the oldest listed goes back to John F. Kennedy…

Anyhow, in 1952, the Supreme Court say that Legislation was still the province of Congress….what happened? Well, first Earl Warren and then Warren Burger spent the next twenty years bolstering the power of the Executive Branch AND the Judicial Branch OVER the legislative, for one thing…

More from “The Mad Jewess” (rapidly becoming one of my favorite fellow, or I suppose I should say “sister” bloggers in the world):

How’d you know that? By the NUMBER? I’m very impressed and will correct my own post shortly—-thank you very much! How have you been recently? It’s STILL government by decree or dictatorship, no matter WHO entered the orders, but, Thank you for setting the record straight…. Anyhow—I appreciate the feedback…. And am always happy to acknowledge I was wrong and leaped to a conclusion without looking first….

Exec. Order No. 10990, 27 FR 1065

Executive Order 10990

REESTABLISHING THE FEDERAL SAFETY COUNCIL

February 2, 1962

WHEREAS section 33(c) of the Federal Employees’ Compensation Act, as amended (5 U.S.C. 784), declared it to be the purpose of the Congress to reduce the number of accidents and injuries among Government officers and employees, encourage safe practices, eliminate work hazards and health risks, and reduce compensable injuries; and

WHEREAS section 35 of that Act, as amended (5 U.S.C. 785), further disclosed the interest of the Congress in the promotion of safety in Federal agencies and establishments; and

WHEREAS the Federal Employees’ Compensation Act, as amended and as modified by Reorganization Plan No. 19 of 1950 (hereinafter referred to as the Act), directs the heads of Government departments and agencies to develop, support, and foster organized safety promotion, and to keep such records of injuries and accidents to persons covered by the Act, and to make such statistical and other reports upon such forms as the Secretary of Labor may prescribe; and

WHEREAS the preponderance of accidents involving employees in the Federal service occur in field operations, the heads of executive departments and agencies, and through them, their supervisory staffs, including regional and field staffs, must exert leadership in the establishment of a sound accident prevention program at both the national and regional level; and

WHEREAS representatives of Federal employees should share a similar concern for the establishment of such programs; and

WHEREAS the President is authorized by the Act to establish by Executive order a safety council composed of representatives of Government departments and agencies to serve as an advisory body to the Secretary of Labor in furtherance of the safety program carried out by the Secretary pursuant to section 33 of the Act and to undertake such other measures as he deems proper to prevent injuries and accidents to persons covered by the Act:

NOW, THEREFORE, by virtue of the authority vested in me by section 33(c) of the Act and as President of the United States, it is hereby ordered as follows:

SECTION 1. Establishment of Council. There is hereby established in the Department of Labor the Federal Safety Council, hereinafter referred to as the Council. The Council shall be composed of a Chairman, to be designated by the Secretary of Labor, and one qualified representative of each of the several executive departments and agencies and of the municipal government of the District of Columbia (hereinafter referred to as members). The heads of the departments and agencies and the Board of Commissioners of the District of Columbia shall designate the members representing them, respectively, and may also designate suitable alternate members. The Secretary of Labor may, as he deems appropriate, appoint representatives of national or international unions, having Federal employees as members, to serve as consultants to the various committees established by the Council. The Chairman, members, alternate members, and consultants shall serve, as such, without compensation from the United States.

SEC. 2. Purpose and functions of Council. The Council shall serve in an advisory capacity to the Secretary of Labor in matters relating to the safety of civilian employees of the Federal government and the municipal government of the District of Columbia and the furtherance of the safety program carried out by the Secretary pursuant to section 33 of the Act. It shall advise the Secretary of Labor with respect to the development and maintenance of adequate and effective safety organizations and programs in the several departments and agencies of the Federal government and the municipal government of the District of Columbia and with respect to criteria, standards, and procedures designed to eliminate work hazards and health risks and to prevent injuries and accidents in Federal employment.

SEC. 3. Council affiliates, committees, and officers. The Council shall include as an integral part of its organizational structure and operations such affiliates, hereafter established by the Council or now existing, in such manner and to such extent as it deems necessary properly and efficiently to perform its functions. The Council shall establish such committees, and may choose such officers (other than its chairman), as it finds necessary for carrying out its functions.

SEC. 4. Regulations. The Secretary of Labor shall prescribe appropriate regulations governing the activities and functions of the Council.

SEC. 5. Administrative and budgetary arrangements. The Secretary of Labor shall make available necessary office space and furnish the Council necessary equipment, supplies, and staff services.

SEC. 6. Continuity. The Federal Safety Council established by this order shall be deemed to constitute a continuation of the Federal Safety Council heretofore existing under the provisions of Executive Order No. 10194 of December 19, 1950.

I received this list in my email last night. What is it going to take to stop the madness? This is anti-American. A President is not supposed to rule by executive orders. He is supposed to protect us from enemies; foreign and domestic. But, he is the enemy that is foreign and also a domestic enemy.

We never hear about this massive abuse of power on Faux News, MSNBC, CNN, ABC, CBS, etc.

Why were executive orders that GWB signed not ok and this is OK? Where are the ‘classical’ Libertarians? Seems they are missing in action. Ditto fake Conservatives who think that God is ‘blessing’ America.

LOOK at the list, dammit. STOP arguing with me and look at your freedoms diminishing, daily. A poster that used to come here saw ‘nothing nefarious’ with this abuse of power, below.. She had to be insane. And worse: she was a Jew. Imagine a psycho-moonbat Jew being FOR executive orders…

LIST:

Executive Order 10990 allows the Government to take over all modes of transportation and control of highways and seaports.

Executive Order 10995 allows the government to seize and control the communication media.

Executive Order 10997 allows the government to take over all electrical power, gas, petroleum, fuels, and minerals.

Executive Order 11000 allows the government to mobilize civilians into work brigades under government supervision.

Executive Order 11001 allows the government to take over all health education and welfare functions.

Executive Order11002 designates the Postmaster General to operate a national registration of all persons.

Executive Order 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

Executive Order 11004 allows the Housing and Finance Authority to relocate and establish new locations for populations.

Executive Order 11005 allows the government to take over railroads, inland waterways, and public storage facilities.

Executive Order 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

Executive Order 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute Industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

Executive Order 11921 allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution of energy sources, wages, salaries, credit, and the flow of money in U.S. financial institutions in any undefined national emergency. It also provides that when the president declares a state of emergency, Congress cannot review the action for six months.

Yes, May the Fourth is international Star Wars Day (“May the Fourth be with You”—but watch out for the “Revenge of the Fifth”), and yesterday, all over Western Christendom, is or at least used to be called “the Day of the Holy Cross” (this construction of the Calendar is sometimes said to be a “Gallican” custom, involving the mixture of Celtic rites of Beltane [May Day] with Christianity, in the time of Saint Gregory of Tours and other such French sources predating the time of Charlamagne*, but even as a 20th century Anglican/Episcopalian, I grew up thinking that Constantine’s Mother the Empress Helen** went to Jerusalem and found the “true Cross” fragments on May 3, and when I started traveling to and living in Mexico I found that the Mexicans [in “Veracruz” and elsewhere] still celebrate the 3rd, notwithstanding anything Pope John XXIII did the year I was born [1960], and the Maya of Yucatán—see my birthday greetings for Pedro Un Cen on May 1—still celebrate May 3 as the day that the Chaacs (the Ancient Maya Raingods) return to the land from the East to start the beginning of the rainy season, but Last things first:

POLISH CONSTITUTION OF 1791 Day: A Warning for our Time

Most Americans have heard of American Revolutionary War hero General Andrzej Tadeusz Bonawentura Kościuszko (at least by the shorter version of his name: Tadeusz Kosciuszko). He came to the United States to assist in the War of Independence for no reason other than he thought it was the right thing to do. He was a volunteer Patriot in Founding a country 1/3 of the way around the world from his homeland.

I have the feeling that Kosciuszko lived to feel even more defeated than John W. Davis….(see my adjoining post on the 60th Anniversary of the Youngstown Sheet & Tube Petition for Writ of Certiorari) possibly more like Jefferson Davis must have felt…..

Kosciuszko lived long enough after the American Revolution to see first the French Revolution, then the final partition of his own homeland by three of the major powers OPPOSED to the French Revolution, the restoration of the core of his homeland (briefly) between 1807 and 1815, and then the final re-annexation of Poland by Russia after the Congress of Vienna in 1815—a situation which would endure for another 104 years….

After helping launch the American nation, with a career comparable and in some ways parallel to the actions of the Marquis de Lafayette in France, Kosciuszko went back to his native Poland where he tried to rebuild and save his own nation, and modernize its constitution in light of what he had learned and seen in America. I have previously, on this blog, mentioned the wonderful Polish Professor Wiktor Osiatynskiunder whom I was privileged to study at the University of Chicago 1990-1991 and my fascination with the Polish nation and constitutional history has never ceased since then. Poland is a Phoenix-like nation having been consumed by fire into ashes and portioned by its neighbors Germany and Russia at least twice (and Austria once). The metaphoric image of the mythical Phoenix arising from its flames parallels takes on added and appropriate meaning given Poland’s association with the City and University of Chicago, not least since Chicago is the largest Polish-speaking urban area anywhere outside of Poland and the City itself has at least once or twice in history arisen from the flames (after the Great Fire of 1871, but arguably again after the riots of 1968 also…).

On May 3, Poland celebrated the 221st anniversary of the Constitution of 1791, the last Constitution before the two final (18th century) partitions of Poland 1793-1795. The Twentieth Century Partition of Poland, between Nazi Germany and Stalinist Russia was in a thousand ways much worse, more brutal, more destructive, but also much shorter in duration. The 18th Century Partitions of Poland were reversed by the Emperor Napoleon I Bonaparte in 1807 as he vainly tried to restrict and limit the power of Prussia. The Von Ribbentrop-Molotov (aka “Stalin-Hitler”) Pact of 1941 was reversed a mere four years later, but not before Poland had not only been savaged by Nazi occupation but by the Stalinist reprisal which, in terms of meaningful reality, involved much vaster forced migrations than any that history had ever seen, and comparable only to the forced internal migrations (poorly documented though they are) which took place in Maoist China during the “Cultural Revolution”.

Now you might ask, why should an American care about learning the details of Polish Constitutional History? As Professor Wiktor Osiatynski made us all aware in the two courses he taught that year at the University of Chicago, Poland’s constitutional history was a major source of its downfall. Prior to meeting and studying with Wiktor, my primary familiarity with recent modern Poland had been a vague knowledge of the partitions of the late 18th century, the fact that Napoleon I had created the Duchy of Warsaw, and that Chopin and many other 19th century artists had gained fame for the culture of Poland and quietly advocated the restoration of Polish Sovereignty and Nationality.

Of course, I had also been very generally aware from a lifetime obsession with historical cartography, I was aware that Poland had once been the largest nation in Europe—a fact, again, which probably very few Americans must know.*** Yes, the combination of the Grand Duchy of Lithuania and the Kingdom of Poland once not merely “dominated” but in effect “was” all of Eastern Europe—controlling during most of the 15th-early 18th Centuries all of the territory from the Baltic to the Black Seas, dwarfing “barbarous” Russian during most of that time, although Russia started climbing out of an inferior position in the 16th century, though it did not achieve “world nation” status until the 18th under Peter and Catherine the Great.

But indeed, the Constitutional History of Poland and Lithuania together is very interesting, and historically relevant for Americans, especially in this day and age. Lithuania, so it was forced to ally more closely with Poland, uniting with its western neighbor as the Polish-Lithuanian Commonwealth (Commonwealth of Two Nations) in the Union of Lublin of 1569. According to the Union many of the territories formerly controlled by the Grand Duchy of Lithuania were transferred to the Crown of the Polish Kingdom, while the gradual process of Polonization slowly drew Lithuania itself under Polish domination. The Grand Duchy retained many rights in the federation (including a separate government, treasury and army) until the May 3 Constitution of Poland was passed in 1791.

I submit to you, “my fellow Americans” that we today are much like Poland—because of the abrogation of our traditional Federal Union into a centralized dictatorship, we are weak and face extinction, division, and perhaps even partition between, say, China, Mexico, and a resurgent Europe.

* Pope Adrian I between 784 and 791 sent Charlemagne, at the King of the Franks’ personal request, a copy of what was considered to be the Sacramentary of Saint Gregory, which certainly represented the Western Roman “Early Dark Ages” use of the end of the eighth century. This book, far from complete, was edited and supplemented by the addition of a large amount of matter derived from the Gallican books and from the Roman book known as the Gelasian Sacramentary, which had been gradually supplanting the Gallican. The editor may well have been Charlemagne’s principal liturgical advisor, the Englishman Alcuin. Copies were distributed throughout Charlemagne’s empire, and this “composite liturgy”, as Duchesne says, “from its source in the Imperial chapel spread throughout all the churches of the Frankish Empire and at length, finding its way to Rome gradually supplanted there the ancient use”. More than half a century later, when Charles the Bald wished to see what the ancient Gallican Rite had been like, it was necessary to import Hispanic priests to celebrate it in his presence, because the Gallican rite took root firmly in Toledo, Viscaya, Aragon, Catalunia, and elsewhere in the land of the Christian Visigoths of Hispania before the arrival of the Moors (and survived there ever after, even during the Caliphate of Cordoba—which resilience explains why May 3 remains the Day of the Holy Cross everywhere in Latin America).

The Luxeuil Lectionary, the Gothicum and Gallicum Missals, and the Gallican adaptations of the Hieronymian Martyrology are the chief authorities on this point, and to these may be added some information to be gathered from the regulations of the Councils of Agde (506), Orléans (541),Tours (567), and Mâcon (581), and from the “Historia Francorum” of St. Gregory of Tours, as to the Gallican practice in the sixth century.

** Constantine’s Mother the Empress Helen did a lot of traveling and established a lot of Churches. Named after Helen of Troy, Empress Helen kept the name alive and popular among the Christians, and it was the Empress Helen, I am told, after whom were named both my Louisiana-born grandmother who raised me with love and my Greek-born wife who razed me with something else.

***For my lifelong obsession with maps, I have mostly my mother to blame, because she bought me so many Atlases–Shepard’s Historical Atlas, Oxford Historical Atlas, just for starters–when I was very small and for some reason decorated my boyhood room with a collection historical individually framed maps of almost every county in England, Wales, & Scotland—this led to my grandparents, somewhat later, always putting me in charge of studying the maps when we traveled and making reports on local geography as we did—Baedeker was almost like a family friend, and sometimes AAA and National Geographic.